Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I was told that when under continuing resolution status, we are unable to get overtime and must accept compensatory time instead. Is this correct?
A:
It may be legal depending on your circumstances. Some employees whose basic rate of pay exceeds that of a GS-10, Step 10 can be required to take compensatory time in place of overtime pay. Many agencies continue to offer overtime pay for employees above that rate, but it is discretionary and likely to be reviewed or changed when operating under a continuing resolution. This regulation can be found in Title 5 of the Code of Federal Regulations, Part 550.114 (c).
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
